The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-13
NEED NO APPROPRIATION
State officers and Institutions That Are
Provided for by the Statutes.
Attorney General Micheners Opinion as to
What Claims on the State May Be Law
fully Paid Without an Appropriation.

A few DAYS ago State Treasurer Lemcke
addressed com munication TO Attorney-general
Kitchener, relative to the failure of the last
Legislature to make any appropriation for the
fsca, year ending Oct 81 1888, inquirng, in
view of the fact, what sums can be lawfully paid
out Of the public treasury, during that period.
for general State purposesl"
In answer to the question the Attorney gen
erai says: "Our Constitution prohibits the pay
ment of money out of the treasury of the State
except in pursuance of appropriations
made by law. Art 10. Sec. 3. 1t
is obvious that this provision was inserted in
the Constitution to prevent the expenditure of
the money of the people without their consent
either as expressed by them in the organic law
or by their representatives in constitutional acts
of Legislation, and to secure regularity, punctE-
ality and fidelity in the disbursements of the
public money. This provision was intended to
be salutary check, net only upon the extrava-
gauce and profusion in which the officers of
State might possibly indulge, but also against
any Misrepresentation of the public funds which
they might be disposed TO make"
After discussing at length the legal defni-
ton Of appropriations, in which the conclusion
is reached that sit is now well settled that
where it is provided by constitutions and stat
these provisions become appropriations made by
law for their payment, without the aid of a reg
ular appropriation act" the Attorney general
sets forth sections OF the statutes pro-
viding for the payment of officers
without appropriations being made. The
following are mentioned as the officers who
may be paid Governor. Governors private sec
rotary, Lieutenant Secretary of State.
deputy Secretary of State. clerk of the Secretary
of State. clerk of the Printing Bureau Auditor
OF State, clerk of the Insurance Department.
clerk of the Land Department, Adiutaut-gen-
eral, Quartermaster-ge Treasurer OF State,
deputy Treasurer of State watch man, Attorney
general and clerks and deputies, Superintendent
of Public instruction and two clerks. Law LII
brarian, State Librarian and assistant. chief of
Bureau of Statistics Commissioner of Fisheries.
Mine Inspector, State Geoloeist. judges OF the
Supreme Court, circuit judges, judges OF the Su-
perior Courts and prosecuting attorneys.
Relative to the payment OF the expenses of the
new insane hospitals the Attorney general says:
THE act of 1885 shows that the legislative pur-
pose was to furnish to each hospital sum suf-
fcient TO main tain it from an uncertain date in
1886 to February 1, 1887. by which time it was
evidently expected that the General Assembly
OF 1887 would either make new provision for the
maintenance of the hospitals or permit them to
be operated under the act of March z, 1883 The
buildings were not completed and equipped in
1856, nor are they now In operation,
but / am informed that the commission
ers desire to operate one more of them under
the act of March z 1883. Ii they do so, they
limited to forty thousand dollars per annum by
For the reasons have stated. that section is not
to be considered an annual appropriation.
but Is merely - an appropriation for
uncertain time ending Feb. /, 1887, and is
therefore not to be held as fixing the amount ap-
propriated for the current expenses of the same
institution for the last preceding year for which
an appropriation shall have been made by the
General Assembly, according to section 2, 16l.
therefore, / hold that section IL, of the act of
March z, 1885, must be held to govern the case,
and that the commissioners, in the maintenance
Of said hospitals, are only limited to such sums
as may be needful to defray the necessary
expenses, and the control and management
thereof. Whether the Legislature acted wisely
IN placing such great responsibility in the
hands of the commissioners is not for US to saw,
for we have to take law find it. / think
that the direction in section IL that this money
shall be expended, as far as practicable, IL con-
formity with the practice and usages OF the
hospital for the insane, is broad enough in
spirit, if not in language to authorize you to re-
quire the commissioners to comply with section
2T58, so far as obtain the direction of the
Governor, Secretary and Treasurer OF State as
to what sums the Auditor of State shall draw
his warrants for from time to time, in order to
maintain such hospitals. | also advise that the
allowances be made monthly, and in strict con-
formity with section 2760."
In conclusion, the Attorney general says: Il
do not find any provisions authorizing expendi-
turcs for the following purposes: The clerk and
messenger of the Governor, the clerk of the Ad-
iutant general, the jantors for the State Offices
generally, the Waterman for the State Libra
rian. the messenger for the Supreme Court the
salary of the sheriff of the Supreme Court, the
military contingent fund of the Governor; nor
for the general Office expenses of the Governor,
Secretary of State, Auditor of State, Treasurer
of State, Attorney general, Superintendent OF
Public Instruction, State Librarian, Bureau of
Statistics and Supreme Court, but it is lawful
to pay for their necessary furniture. fuel and
postage"